Agenda - Council - 11/13/2001 - Laserfiche WebLink

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I I I I I I I I I I$ I ! I I I I ! I I CASE # REVIEW POLICY FOR DELINEATING AND ENCUMBERING WETLANDS ON PLATS By: Community Development Director Sylvia Frolik And City Engineer Steve Jankowski Background: Earlier this Fall, the City Council reviewed a minor subdivision in the Rural Transition Area. The property consisted of a 38 acre lot and a 5 acre lot proposing to replat to create two more lots. The result would be 4 lots on 43 acres with lots sizes of 35, 2.5, 2.5 and 3acres. A substantial part of the 35 acre lot contained wetlands and Staff's standard recommendation was that the wetlands be encumbered with a drainage and utility easement. The Applicant was reluctant to release their authority over such a large portion of their property to the City. A Council discussion ensued regarding the unwritten policy to encumber wetlands with drainage easements and the need to review whether or not such a policy is necessary in the large lot, rural subdivisions. Staff was directed to put the current unwritten policy in writing and work with Councilmember Kurak to draft an alternative to the current policy. Observations: The purpose of encumbering wetlands with drainage easements is to let the owner know the buildable limits of their property and provide the City with the ability to run water over or through the area. The current, unwritten policy is: The presence of wetlands shall be delineated on all plats and drainage and utility easements shall be placed over all areas designated as wetlands. Drainage ditches should be encumbered to insure the protection of upstream properties. The alternative policy being proposed is: For all plats located outside the boundaries of the Metropolitan Urban Service Area (MUSA), any proposed lots measuring 10 acres or more in size shall not be required to encumber the delineated wetlands with drainage and utility easements. No matter what the size of the parcel, in or out of the MUSA, drainage ditches should be encumbered to insure the protection of upstream properties. Pros to waiving the requirement on 10+ acre lots: · Protects agricultural land for wetland compatible uses. · No major adverse impact to the general public if wetlands on significantly sized lots are not encumbered with drainage easements. · Wetlands are protected to the extent they would have been without the drainage easement because of existing laws. Cons to waiving the requirement on 10+ acre lots: · Buildable limits will not be established on the 10+ acre parcels. · Relinquishes the City's authority to use the property for drainage purposes.. -219-